Monday, January 23, 2012

BREAKING NEWS: Four of the six suspects to face trial - ICC

The International Criminal Court pre-trial chamber has confirmed charges against four of six Kenyan suspects for post-election violence crimes.

The judges confirmed the charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and Journalist Joshua Sang.

The charges against Tindreret MP Henry Kosgey and Post Master General Hussein Ali were not confirmed.The ruling delivered at the ICC at The Hague by Judge Ekaterina Trendafilova on Monday stated that they were satisfied by evidence by Louis Moreno Ocampo’s team against Ruto and Sang for crimes committed in Turbo, Nandi Hills, Kapsabet and Eldoret.

Judge Trendafilova stated the charges against Ruto and Sang were crimes against humanity, murder, deportation, forcible transfer and persecution that led to death of hundreds of civilians.

The court dropped the charges against Ali and Kosgey saying the evidence adduced in court was not enough to sustain the charges against them.

Crimes Ocampo claims suspects committed

Deputy Prime Minister Uhuru Kenyatta

He is facing charges of crimes against humanity relating to post-election violence in Nakuru and Naivasha in January and February 2008. He was accused of mobilising the outlawed Mungiki group to attack ODM supporters. He is jointly charged with Public service chief Francis Muthaura and former police boss Gen Hussein Ali.

Together with Head of Public Service Francis Muthaura and Postmaster General Hussein Ali, Uhuru is charged with five counts of crimes against humanity. They include murder, deportation or forcible transfer of a population, rape and other forms of sexual violence, persecution and inhumane acts.

ICC prosecutor Luis Moreno-Ocampo claimed that Kenyatta, as a supporter of President Kibaki, planned, financed, and coordinated the violence perpetrated against the perceived supporters of the President’s rival during post-election violence from 27 December 2007 to 29 February 2008. He is also alleged to have used the Mungiki.

Eldoret North MP William Ruto

He is accused of planning and organizing crimes against PNU supporters. Together with Henry Kosgey, and Joshua Sang, faces charges with three counts of crimes against humanity. They include murder, deportation or forcible transfer of population and persecution, all which constitute a crime against humanity in violation of article 7 (1) (a) (d) and (h) of the Rome Statute.

Joshua Arap Sang

He is the head of operations at the radio station Kass FM, was accused of using his radio broadcasts to send messages of assistance to those committing acts of violence against PNU supporters. He is alleged to have had a role in the organisation of crimes against PNU supporters by using his radio show both to gain support and also to communicate by code to the members of the network.

Head of Public Service Francis Muthaura

As the Cabinet secretary and chairman of the National Security Advisory Committee, was accused of authorising the police to use excessive force against ODM supporters and to facilitate attacks against the opposition. Moreno-Ocampo claimed Muthaura and Uhuru hatched a plan to use an ad hoc organisation comprising Mungiki militia and the police to execute retaliatory attacks.

This was planned during meetings that allegedly took place at State House and Nairobi Members’ Club. He added that Muthaura instructed then Police Commissioner Hussein Ali to ensure the police did not intercept Mungiki as they unleashed terror in Nakuru and Naivasha between January 24 and 31, 2008

Tinderet MP Henry Kosgey

He was accused of planning and organizing crimes against supporters of Party of National Unity (PNU). Together with his co-accused former minister William Samoei Ruto and radio presenter Joshua arap Sang, allegedly established a network with the goal of gaining power in the Rift Valley Province by committing crimes against supporters of the PNU.

It is alleged that after the disputed presidential election of December 2007, members of this network allegedly attached PNU supporters’ homes, killing and torturing civilians, and driving them from their homes. A witness alleged that Kosgey attended planning meetings of the alleged network.

Maj-Gen (rtd) Mohammed Hussein Ali

He is the former Commissioner of Police was accused of facilitating attacks against supporters of the ODM. However, the Chamber ruled that his contribution was not essential to the commission of the crimes and so he was charged with having otherwise contributed to the same crimes.

The ICC Prosecutor alleged that Ali, together with Head of Public Service and Cabinet Secretary Francis Muthaura and Deputy Prime Minister Uhuru Kenyatta developed and executed a plan to attack perceived ODM supporters in the aftermath of the disputed 2007 elections.

The Prosecutor further alleged that that Ali, in his role as Commissioner of the Kenya Police, personally authorised the use of excessive force in attacks against ODM supporters.